Fashion Law

Another Color Trademark Case

Rawlings Sporting Goods Co. brought suit (complaint here) against Wilson Sporting Goods Co. for giving a Wilson baseball glove with “metallic gold-colored webbing, stitching and lettering” to a major league player.

The player, Brandon Phillips of the Cincinatti Reds, previously won the Rawlings Gold Glove award but endorses the Wilson brand.

color trademark subject: gold glove award

Rawlings gives Gold Glove Award winners a trophy made that includes a golden colored glove, pictured above.

Rawlings complaint alleges (Missouri) state trademark dilution, Federal and state common law trademark infringement, Federal and state unfair competition, Federal dilution, and Federal false advertising.

To be successful, Rawlings will have to show that the Wilson gold-colored glove given to Phillips will cause people to believe that Wilson is the sponsor of the Gold Glove award.

Whether Gold Glove Award winners actually use these gloves, and how evident and recognizable the metallic gold-colored webbing, stitching, and lettering are to the public, may potentially be survey topics during discovery in this case.

Previous popular color trademark fashion law cases include the 1995 Supreme Court Qualitex case involving green-gold dry cleaning pads and the Louboutin v. YSL red sole case (covered most recently here).

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